In re Estate of Strader

Kan. Stat. Ann. 59-618 is an exception to Kan. Stat. Ann. 59-617’s general rule that no will is effective unless a petition is filed for probate of the will within six months of the date of the testator’s death. After Betty Jo Strader’s will was found in her attorney’s office more than four years after her death and court intestacy proceedings were underway, district court admitted Betty Jo’s will to probate under its interpretation of section 59-618. The court of appeals affirmed. The Supreme Court reversed, holding that the district court erred by admitting Betty Jo’s will to probate under the statutory exception to section 59-617 after the six-month time limit had expired because her will was not knowingly withheld. View "In re Estate of Strader" on Justia Law